Question
Finding the correct legal issue Finding the correct rule Analyzing the issue by applying the rule to the facts Stating a conclusion Motion for a
- Finding the correct legalissue
- Finding the correctrule
- Analyzingthe issue byapplyingthe rule to the facts
- Stating aconclusion
Motion for a New Trial. Aida's case against the landlords went to trial. During voir dire, jurors were asked if any of them or their family members had been evicted from their rental home. One juror made no response, but it was later discovered that the juror's brother was served with a no-cause eviction notice last year. When the trial court jury returned a verdict for Aida, the landlords moved for a new trial on the ground that the juror had violated his oath and failed to disclose pertinent information during voir dire. In opposing the motion, Aida submitted an affidavit signed by the juror in which the juror swore that he had not answered the question because he had not heard it and that his brother's eviction had not influenced his judgment in the case. Did the juror's failure to hear the question about the eviction constitute juror misconduct to the extent that the landlord's motion for a new trial should be granted?
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